Académique Documents
Professionnel Documents
Culture Documents
Write your name, section and date on the upper right hand corner of this
questionnaire
Multiple Choice Questions
Choose the BEST ANSWER. Encircle the corresponding letter of your
answer.
Choose your answer wisely and carefully. GOOD LUCK
1.
2.
3.
4.
Page 1 of 12
5.
The following are the conditions to constitute a holder in due course, except:
a.
He took the instrument in good faith and for value.
b.
He has knowledge of infirmity in the instrument.
c.
He took the instrument complete and regular in its face.
d.
He became the holder of the instrument before it was overdue.
6.
What is the effect if A issued a check in favor of B or order leaving the amount thereon in
blank. The instruction of A is to write the amount of his obligation amounting to P100,000.
B wrote P1M and negotiated it to C a holder in due course.
a.
A is liable to C for P100,000 the amount he instructed B to write on the check.
b.
A is not liable to C because it was not filled up strictly with his authority.
c.
A is not liable because there is no showing that it was filled up within a reasonable
time.
d.
The amount of P1M on the instrument is conclusive as to C so as to hold A liable
thereon.
7.
The original parties in a bill of exchange are the drawer, acceptor and payee.
The original parties in a promissory note are the maker and payee.
a.
Both are true
b.
Only first statement is true
c.
Both are false
d.
Only second statement is true
8.
What
a.
b.
c.
d.
9.
paid
Statement B: the drawer has no right to recover from the collecting bank
Statement C : the payee can recover from the drawer
Statement D: the payee can recover from the receipt of the payment, such as the
collecting bank
a.
b.
c.
d.
e.
10.
11.
b.
c.
Yes, since only the forged signature is inoperative and B is bound as indorser.
d.
Page 2 of 12
12.
Which
a.
b.
c.
d.
13.
Which
a.
b.
c.
d.
14.
15.
16.
Which of the following instruments is not negotiable for the reason that the instrument is
not payable at a determinable future time?
a.
b.
c.
d.
17.
18.
Which of the following instruments is not negotiable for the reason that the instrument is
not payable at a determinable future time?
a.
On the death of X. I promise to pay to the order of B P1,000. (Sgd) A
b.
On or before October 30, 2015, I will promise to pay B or his order P10,000. (Sgd
A)
c.
Sixty days after sight, I promise to pay to the order of B P5.000. (Sgd.) A
d.
Ten days before the death of X, I promise to pay B or his order P10,000. (Sgd. ) A
19.
A makes a note in favor of B with the understanding that it is not to become binding until it
is also signed by C. If B files an action on the note will she be able to recover from the
note?
a.
No because the instrument being subject to a condition therefore not a negotiable
instrument.
b.
Yes because only the delivery of the instrument is subject to the condition but not
the promise to pay, hence the instrument is negotiable.
Page 3 of 12
20.
c.
Yes because in the hands of B the presumption is conclusive because it was validly
and intentionally delivered.
d.
To C:
(Sgd. B)
__________
(Sgd. C)
If the instrument is in the hands of D, how can D validly negotiate the note to E?
21.
22.
a.
b.
by indorsing it specially to E
c.
by signing in blank
d.
In order for an agent signing on behalf of his principal to escape liability on a negotiable
instrument it is not necessary:
a.
b.
c.
That the agent add words to his signature indicating that he signs as an agent
d.
A is a maker of a promissory note which is payable to bearer. B signs his name across the
face of the instrument. In the hands of C, B is:
a.
Maker
c.
Acceptor
Page 4 of 12
b.
23.
Indorser
d.
Drawer
In the above case, assume B places is signature in place of As signature. In the hands of
C, B is:
a.
Maker
c.
Acceptor
b.
Indorser
d.
Drawer
24.
I promise to pay X or order P 1,000.
To : Z
(Signed) Y
Which of the following is not a real defense and, therefore, may not be set up against a
holder in due course?
a.
incapacity as far as incapacitated person is concern
b.
acquisition of instrument for an illegal consideration
c.
want of delivery of incomplete instrument
d.
forgery
26.
27.
Mahal signed a promissory note for P500, 000 as maker, and payable to bearer, delivered
to Belo in payment for Mahals scheduled medical operation that will make her tall. Later,
Mahal was informed that it is impossible to make her tall. However, Belo has already
delivered the note to Haden upon the terms of payment of P300,000 and the balance in a
month. Haden received notice of the defect. Which is true?
a. Haden can collect P500,000 because he is a holder in due course entitle to the full amount
of the instrument.
b. Haden must pay the balance before he can collect for the full amount.
c. Haden is a holder in due course to the extent of P300,000, the amount paid by him.
d. Haden cannot collect because of the failure or absence of consideration.
28.
paid
bank
a.
b.
c.
d.
e.
29.
A found a check in the street, drawn by B against CHI Bank, with C as payee. A forged Cs
signature as an indorser then indorsed it personally and delivered to MET Bank. The latter,
in turn, indorsed it to CHI Bank which charged it to Bs account. B later sued CHI Bank but
it set up the forgery as its defense. Will it the case prosper?
a.
Yes, since forgery is only a personal defense
b.
Yes, since CHI Bank is bound to know the signature of B, its client
c.
No, since Bs remedy is to run after the forger, A.
d.
No, since the payees signature has been forged
30.
The following are precluded from raising the defense of forgery except:
a. The forger as he cannot raise his own malfeasance as a defense
b. The indorsees and persons negotiating the instrument by delivery as they do not
warranted that the instrument is genuine and in all respects what it purports to be.
c. Those who are barred by estoppels or by their own negligence from raising the
defense of forgery.
d. The acceptor with respect to the signature of the drawer as he admits the existence
of the drawer, the genuineness of his signature, and his capacity and authority to
draw the instrument.
31.
32.
33.
A issued a check in the amount of P100,000 but left the name of the payee in blank
because he still wants to verify the correct spelling of said payees name. Inside As office,
B saw the check and wrote his name as payee. Thereafter B negotiated the check to C a
holder in due course. Will A be liable to C?
a.
Yes because as to C the check is valid and effectual and there is a conclusive
presumption that the instrument has been filled up strictly in accordance with the
authority given and within reasonable time.
b.
No. This is a case of incomplete and undelivered instrument.
c.
Yes because C is a remote party and in his hands a valid delivery thereof by all
parties prior to him so as to make them liable to him is conclusively presumed.
d.
No because A cannot set up against C the defense of undelivered instrument.
34.
35.
Page 6 of 12
36.
The holder may treat an instrument at his option, either as a bill of exchange or a
promissory note, but not in the following:
a.
where the maker is non-existent
b.
drawer and drawee are the same person
c.
where the drawee is a fictitious person
d.
where the drawee is a person not having capacity to contract
37.
An instrument is issued in this manner: Pay P or order the sum of P100,000 and charge
the same to my account or to my share of profits. Sgd. D
a.
it is not negotiable because of an implied condition
b.
this is negotiable because it is payable absolutely and not out of a particular fund
c.
it is not negotiable because it will depend upon the share of profits
d.
it is negotiable because there is no condition
38.
What kind of defense is forgery under Section 23 of the Negotiable Instrument Law?
a.
Forgery can be presumed and the burden of proof lies on the party alleging forgery.
b. Forgery is a real defense which means that it could be raised against any holder,
including a holder in due course.
c. Section 23 purports to declare neither the instrument totally void nor the genuine
signatures thereon inoperative.
d.
Forgery is a real or absolute defense except a holder in due course as provided in
Section 58.
39.
40.
In case the bill is originally payable to bearer, the drawee may debit the drawers account
in spite of the forged indorsement. The reason is that:
a. the forged indorsement is necessary to the title of the holder.
b. the drawee can recover from the holder.
c. the forged indorsement is not necessary to the title of the holder. The drawee
cannot recover from the holder.
d. the drawee cannot recover from the holder since the forged indorsement is
necessary to the holder.
41.
X delivered a check issued by him and payable to the order of CASH to Y in payment for
certain obligations incurred by X in favor of Y. Y then delivered the check to Z in payment
for certain obligations. Which statement is most accurate?
a.
Z can encash the check even though Y did not indorse the check.
b.
Z cannot encash the check for lacking in proper endorsement.
c.
Y is the only one liable because he was the one who delivered the check to Z.
d.
The negotiation is not valid because the check is an instrument payable to order.
42.
Which
bearer
a.
b.
c.
d.
43.
The signature of X was forged as drawer of a check. The check was deposited
account of Y and when deposited was accepted by AAA Bank, the drawee
Subsequently, AAA Bank found out that the signature of X was actually forged.
statement is most accurate?
a.
The drawee bank can recover from Y, because the check was deposited
account.
b.
c.
d.
44.
The drawee bank can recover from X, because he is the drawer even though
his signature was forged.
The drawee bank is estopped from denying the genuineness of the
signature of the X, the drawer of the check.
The drawee bank can recover from Y because as endorser he warrants the
genuineness of the signature
a.
b.
c.
d.
45.
M makes a promissory note that states: "I, M, promise to pay Php5,000.00 to B or bearer.
Signed, M." M negotiated the note by delivery to B, B to N, and N to O. B had known that M
was bankrupt when M issued the note. Who would be liable to O?
a.
M and N since they may be assumed to know of M's bankruptcy
b.
N, being O's immediate negotiator of a bearer note
c.
B, M, and N, being indorsers by delivery of a bearer note
d.
B, having known of M's bankruptcy
46.
47.
M, the maker, issued a promissory note to P, the payee which states: "I, M, promise to pay
P or order the amount of Php1 Million. Signed, M." P negotiated the note by indorsement to
N, then N to O also by indorsement, and O to Q, again by indorsement. But before O
indorsed the note to Q, O's wife wrote the figure "2" on the note after "Php1" without O's
knowledge, making it appear that the note is for Php12 Million. For how much is O liable to
Q?
a.
Php1 Million since it is the original tenor of the note.
b.
Php1 Million since he warrants that the note is genuine and in all respects what it
purports to be.
c.
Php12 Million since he warrants his solvency and that he has a good title to the
note.
d.
Php12 Million since he warrants that the note is genuine and in all respects what it
purports to be.
48.
A promissory note states, on its face: "I, X, promise to pay Y the amount of Php 5,000.00
five days after completion of the on-going construction of my house. Signed, X." Is the note
negotiable?
a.
Yes, since it is payable at a fixed period after the occurrence of a specified event.
b.
No, since it is payable at a fixed period after the occurrence of an event which may
not happen.
c.
Yes, since it is payable at a fixed period or determinable future time.
d.
No, since it should be payable at a fixed period before the occurrence of a specified
event.
49.
50.
P authorized A to sign a bill of exchange in his (Ps) name. The bill reads: "Pay to B or order
the sum of Php1 million. Signed, A (for and in behalf of P)." The bill was drawn on P. B
indorsed the bill to C, C to D, and D to E. May E treat the bill as a promissory note?
a.
No, because the instrument is payable to order and has been indorsed several
times.
b.
Yes, because the drawer and drawee are one and the same person.
c.
No, because the instrument is a bill of exchange.
d.
Yes, because A was only an agent of P.
51.
Z wrote out an instrument that states: "Pay to X the amount of Php1 Million for collection
only. Signed, Z." X indorsed it to his creditor, Y, to whom he owed Php1 million. Y now
wants to collect and satisfy X's debt through the Php1 million on the check. May he validly
do so?
a.
Yes, since the indorsement to Y is for Php1 Million.
Page 8 of 12
b.
c.
d.
52.
X issued a check in favor of his creditor, Y. It reads: " Pay to Y the amount of Seven
Thousand Hundred Pesos (Php700,000.00). Signed, X". What amount should be construed
as true in such a case?
a.
Php700,000.00.
b.
Php700.00.
c.
Php7,000.00.
d.
Php700,100.00.
53.
Which
a.
b.
c.
d.
54.
The following is not a condition for one to be considered a holder in due course:
a.
that he became the holder of it before it was overdue and with notice that it had
been previously dishonoured if such as the fact;
b.
that it is complete and regular upon its face;
c.
that he took it in good faith and for value;
d.
that at the time it was negotiated to him, he had no notice of any infirmity in the
instrument or defect in the title of the person negotiating it.
55.
X issued a promissory note which states, "I promise to pay Y or order Php100,000.00 or
one (1) unit Volvo Sedan." Which statement is most accurate?
a.
The promissory note is negotiable because the forms of payment are clearly stated.
b.
The promissory note is non-negotiable because the option as to which form of
payment is with the maker.
c.
The promissory note is an invalid instrument because there is more than one form
of payment.
d.
The promissory note can be negotiated by way of delivery.
56.
X issued a promissory note which states "I promise to pay Y or bearer the amount of
HK$50,000 on or before December 30, 2013." Is the promissory note negotiable?
a.
No, the promissory note becomes invalid because the amount is in foreign currency.
b.
Yes, the promissory note is negotiable even though the amount is stated in foreign
currency.
c.
No, the promissory note is not negotiable because the amount is in foreign
currency.
d.
Yes, the promissory note is negotiable because the Hong Kong dollar is a known
foreign currency in the Philippines.
57.
Gloria makes a promissory note for Three Million to the order of Benigno. To secure
benignos debt to Mar of Two million, he pledges the nore to Mar as a security.
Statement A: Mar may recover Three Million, holding the surplus One million for Benigno,
if the note matured.
Statement B: If Gloria has defense of failure of consideration against Benigno, Mar can
collect Two Million if he is a holder in due course.
a.
b.
c.
d.
58.
Forgery is the counterfeit-making or fraudulent alteration of writing and may consist in the
signing of anothers name or the alteration of an instrument in the name, amount,
description of the person and the like, with intent thereby to
a. defraud
b. dishonor
c. confound
d. alter
59.
a.
b.
c.
d.
e.
60.
A certificate of stock is not a negotiable instrument because it lacks the requirement of:
a. The instrument must be in writing and signed by the maker or drawer.
b. It must contain an unconditional promise or order to pay a sum certain in money.
c. It must be payable to bearer or order.
d. It must be payable on demand, or at fixed determinable future time.
61.
The date of the instrument is in blank. The ______ may fill the blank by writing the date
intended.
a. Payee
b. Drawee
c. Holder
d. Maker
62.
63.
In order that a person may have a prima facie authority to convert a signature on a blank
paper into a negotiable instrument and fill it up for any amount, the following must be
present. Except.
a. The blank paper bears the name of the payee
b. The blank paper bears the signature of the maker or drawer
c. It was delivered by the person making the signature
d. It was delivered in order that the paper may be converted into a negotiable
instrument
64.
When
a.
b.
c.
d.
65.
66.
It operates as a prima facie authority to fill up an instrument as such for any amount
a. Indorsement
b. Signature
c. Blank paper
d. Delivery
67.
An instrument Payable to Angel Locsin or order the sum of P1, 000. Signed X is:
a.
Non-negotiable
b.
A bearer instrument since it is an instrument payable to the order of a fictitious
person.
c.
Negotiable because it complies with the requisites of negotiability.
d.
A bearer instrument since the name of the payee does not purport to be the name
of any person.
68.
Page 10 of 12
d.
Maker
69.
Which
a.
b.
c.
d.
70.
This means the transfer of the possession of the instrument by the maker or drawer with
the intent to transfer title to the payee
a. Delivery
b. Issue
c. Assign
d. Transfer
71.
ABC signs a piece of paper and delivers it to XYZ with the intention of making the
instrument negotiable
a. XYZ can fill it up for any amount
b. XYZ has implied authority to complete it
c. A and B
d. None of the above
72.
It is the first delivery of the instrument complete in form to a person who takes it as a
holder
a. Assignment
b. Negotiation
c. Issuance
d. Indorsement
73.
A signature on a blank paper delivered by the person making the signature in order that
the paper may be converted into a negotiable instrument operates as a __________
authority to fill it up as such for any amount
a.
Absolute
b.
General
c.
Special
d.
Prima facie
74.
75.
If the signature is so placed upon the instrument that it is not clear in what capacity the
person intended to sign, he is deemed :
a.
Not a party to the instrument
b.
A maker or a drawer
c.
Indorser
d.
Holder in due course
***************************************NOTHING FOLLOS************************************
Page 11 of 12
Page 12 of 12